Hogan v. State
| Docket Number: | 2009-KA-02012-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-04-2010 Opinion Author: Graves, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Sale of cocaine - Weight of evidence Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-17-2009 Appealed from: Bolivar County Circuit Court Judge: Kenneth L. Thomas Disposition: After a one-day trial, Curtis Hogan was convicted by a Bolivar County jury for the sale of cocaine. The Circuit Court of Bolivar County, Mississippi, Second Judicial District, Judge Kenneth L. Thomas presiding, sentenced Hogan to twelve years in prison with six years suspended and six years to serve in the custody of the Mississippi Department of Corrections (MDOC). District Attorney: LAURENCE Y. MELLEN Case Number: 2009-094-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Curtis Aster Hogan |
OFFICE OF INDIGENT APPEALS: HUNTER NOLAN AIKENS, LESLIE S. LEE, RAYMOND L. WONG |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Sale of cocaine - Weight of evidence |
| Summary of the Facts: | Curtis Hogan was convicted for the sale of cocaine and sentenced to twelve years, with six years suspended and six years to serve. He appeals. |
| Summary of Opinion Analysis: | Hogan argues that the verdict was against the overwhelming weight of the evidence. Viewing the evidence in the light most favorable to the prosecution, the verdict was not against the overwhelming weight of the evidence. There was clear evidence that Hogan sold the CI cocaine on April 22, 2009. The man seen in the surveillance video sitting in the driver’s seat of the car when the CI approached the driver’s door was identified as Hogan. The CI even testified that the man on the surveillance video to whom he gave the one hundred dollars during the controlled buy was Hogan and identified Hogan during trial by pointing to him and describing his attire. The substance submitted by the officer was tested at the Mississippi Crime Laboratory by Eric Frazure. Despite the fact that Frazure could not testify, with certainty, whether the substance was powder cocaine (“cocaine salt”) or crack cocaine (“free base form of cocaine”), he did testify that the 1.2 grams of substance was cocaine. |
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